Monday, January 18, 2016
Newsflash – DHS Amends Regulations for Certain EB-1 Immigrants and H-1B1, E-3, and CW-1 Nonimmigrants
On Friday, January 15, 2016, the Department of Homeland Security (DHS) revised regulations affecting H-1B1, E-3, and CW-1 nonimmigrant workers, as well as certain employment-based first preference (EB-1) immigrants. The revisions will take effect on February 16, 2016 and will remove hurdles that place these workers at a disadvantage when compared to other similarly situated workers in different visa classifications. According to the final rule posted to the Federal Register, the regulations will be amended as follows:
- DHS is authorizing continued employment with the same employer for up to 240 days for H-1B1 and principal E-3 nonimmigrants whose status has expired while their employer’s timely filed extension of stay request remains pending.
- Existing regulations on the filing procedures for extensions of stay and change of status requests now include principal E-3 and H-1B1 nonimmigrant classifications.
- DHS is confirming that H-1B1 and principal E-3 classifications are included in the list of classes of foreign nationals authorized for employment incident to status with a specific employer. The regulation codifies the current practice of allowing H-1B1 and principal E-3 nonimmigrants to work for the sponsoring employer without having to separately apply for employment authorization.
- Employers petitioning for EB-1 outstanding professors and researchers may now submit initial evidence comparable to the other forms of evidence already listed in 8 CFR 204.5(i)(3)(i), much like certain employment-based immigrant categories that already allow for submission of comparable evidence.
- DHS is providing this same continued employment authorization for CW-1 nonimmigrants whose status has expired while their employer’s timely filed Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, request for an extension of stay remains pending.
For more information, please see the related USCIS alert here.